I. CONSTITUTION OF THE INTERNATIONAL MILITARY TRIBUNAL. Article 1. In pursuance of the Agreement signed on the 8th day of August by the. The lesser-known International Military Tribunal for the Far East (IMTFE) was . The Charter provided for MacArthur to appoint judges to the IMTFE from the. In our opinion the laws of the Charter is decisive and binding on the Tribunal. This is a special tribunal set up by the Supreme Commander under authority.
Defense counsel tried in vain to force the prosecution to define the essential elements and to present a Bill of Particulars indicating details of the specific crimes that their individual clients were supposed to have committed. A document, regardless of its security classification and without proof of its issuance or signature, which appears to the Tribunal to have been signed or issued by any officer, department, agency or member of the armed forces of any government.
The defendants selected for the first trials were not regarded as the only major war criminals but as clearly representative members of the groups held responsible for the outbreak of World War II. The supreme commander would designate the chief of counsel. The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which imtf shall be individual responsibility: He chqrter not to do so.
These rules shall not be inconsistent with the provisions of this Charter. Accordingly the Allied powers moved quickly to select their own associate counsel. The prosecution and each accused by counsel only, if represented may make a concise opening statement. These terms and definitions were adopted nearly verbatim in the Charter of the IMTFE, but have been replicated and expanded in a succession of international legal instruments since that time.
Translations of documents and other papers shall be provided as needed and requested. The United States held twelve such trials from toeach of which combined defendants who were accused of similar acts or had participated in related events. The Tribunal shall neither require proof, of facts of common knowledge, nor of the authenticity of official j government documents and reports of hcarter nation nor of the proceedings, records, and findings of military or other agencies of any of the United Nations.
The Tribunal shall have the power to impose upon an accused, on conviction, death or such other punishment as shall be determined by it to be just. At Tokyo, cahrter Americans faced far greater difficulties in extracting documentary evidence from the Japanese government, which continued to function and frequently obstructed them, and so the Americans were less successful in controlling the flow of information to the other national delegations and to the tribunal.
However, it is worth noting that most of these potential accused gave evidence during the Tokyo Major War Crimes Trial and, even when they did not, the nature of their involvement in events described in that trial is evident in the transcripts and other documentation of its proceedings.
Nuremberg Trial Proceedings Vol. For several decades, these tribunals stood as the only examples of international war crimes tribunals, but they ultimately served as models for a new series of international criminal tribunals that were established beginning in the s.
The Tribunal will ask each accused whether he pleads “guilty” or “not guilty. One member and one alternate shall be appointed by each of the Signatories. An imtfw, deposition or other signed statement.
Production of Evidence for the Defence. The Japanese defense counsel labored under immense handicaps.
Tokyo Charter – Wikipedia
The Court simply ruled that chartsr jurisdiction was strictly confined to an examination of the conduct of the Japanese side. For each defendant a Japanese defense counsel was found to take charge of his particular case and an American co-counsel assumed what was nominally a junior role.
The British and Americans, however, soon lost their appetite for such proceedings and their expenseand by December it was clear that no further major international war crimes trials would take place. The court president, Sir William Webb of Australia, required nine days to read it in court November 4—12, The same legal issues pertaining to Article 6 c of the Nuremberg Charter also apply to Article 5 c of the Tokyo Charter.
In case the votes are evenly divided, the vote of the President shall be decisive. The Tribunal shall have the right chater take proceedings against a person charged with crimes set out in Article 6 of this Charter in vharter absence, if he has not been found or if the Tribunal, for any reason, finds it necessary, in the interests of justice, to conduct the hearing imtffe his absence.
Tokyo Trial |
It was clear to the Allied powers that the supreme commander and the United States government were determined to go ahead with the tribunal on American terms. University of Chicago Press. A large number of persons were held in custody with the intention of bringing them to justice as Class A war criminals. A sentence will be carried out in accordance with the order of the Supreme Commander for the Allied Powers, who may at any time reduce or otherwise alter the sentence except to increase its severity.
The principle of rotation of presidency for successive trials is agreed. To interrogate each accused and to permit comment on his refusal to answer any question, c. University of Texas Press. The defense made much of the limited nature of the Japanese surrender in framing successive challenges to the powers of the supreme commander, to his promulgation of the tribunal, to the charter, to the nomination of its members and of its president, and to the jurisdiction of the tribunal.